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  • Baldwin v. Adams

    Publication Date: 2010-10-01
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Doyle, John J.
    Attorneys: For plaintiff: Evan R. Mermelstein Cruser & Mitchell LLP, Norcross, for appellant.
    for defendant: Brian K. Panessa Panessa & Assocs. LLC, Atlanta, for appellee.
    Case Number: A10A1147

    The trial court in ruling that the parties did not reach a $17.5K settlement in a negligence action arising from a motor vehicle coll

  • State v. Corhen

    Publication Date: 2010-10-01
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Doyle, John J.
    Attorneys: For plaintiff: Paul L. Howard, District Attorney, Patricia A. Hooks and Lenny I. Kirk, Assistant District Attorneys, Atlanta, for appellant.
    for defendant: Elizabeth V. Rogan Ga. Capital Defender's Office, Tawanna L. Payton Public Defender's Office, Dennis C. Francis Jr., John W. Kraus, Manubir S. Arora and Stephen R. Scarborough, Atlanta, for appellees.
    Case Number: A10A1600

    The trial court erred in quashing the state's indictment in its entirety, since all counts in the indictment were legally sufficient and any extra language was mere surpl

  • Boykins-White v. State

    Publication Date: 2010-09-24
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Doyle, John J.
    Attorneys: For plaintiff: Bradley M. Hannan Smith, Hannan & Parker PC, Valdosta, for appellant.
    for defendant: J. David Miller, District Attorney, and Bradfield M. Shealy, Senior Assistant District Attorney, Valdosta, for appellee.
    Case Number: A10A0939

    Trial counsel an ethical obligation not to assist his client in presenting perjured testimony, so counsel was not deficient for failing to present an alibi where the defendant admit at he commi

  • A.M. Buckler & Assocs. Inc. v. Sanders

    Publication Date: 2010-09-17
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Doyle, John J.
    Attorneys: For plaintiff: Ted W. Hight III Thompson, O'Brien, Kemp & Nasuti PC, Norcross, for appellant.
    for defendant: Patrick J. Rice Hull, Towill, Norman, Barrett & Salley PC, Augusta, and Richard M. Gailey Jr. The Gailey Law Firm LLC, Eatonton, for appellee.
    Case Number: A10A1268

    The appellant's traverse was timely filed pursuant to O.C.G.A. § 18-4-95, since the appellee filed a claim before the trial court entered judgment on the garnishment or ordered distribution of the

  • Thomas v. State

    Publication Date: 2010-09-17
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Doyle, John J.
    Attorneys: For plaintiff: Charles H. Frier, Atlanta, for appellant.
    for defendant: Paul L. Howard Jr., District Attorney, and Lenny I. Krick, Assistant District Attorney, Atlanta, for appellee.
    Case Number: A10A1664

    The defendant failed to establish that his lawyer would have done anything differently if his co-defendant's attorney had not also worked for the same public defender office or that he slighted the

  • Law Journal Press | Digital Book

    Florida Evidence and Procedure 2019

    Authors: Patrick S. Montoya, Ervin A. Gonzalez, Ervin A. Gonzalez, Ervin A. Gonzalez, Ervin A. Gonzalez

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  • Williams v. State

    Publication Date: 2010-09-10
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Doyle, John J.
    Attorneys: For plaintiff: David J. Koontz, Marietta, for appellant.
    for defendant: Patrick H. Head, District Attorney, and Dana J. Norman, Assistant District Attorney, Marietta, for appellee.
    Case Number: A10A1450

    Since officers lacked probable cause to arrest the defendant, no exigent circumstances justified the warrantless entry of a residence where officers found several plastic bags of suspected mari

  • Sheats v. State

    Publication Date: 2010-08-13
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Doyle, John J.
    Attorneys: For plaintiff: John W. Donnelly, Public Defender, Athens, for appellant.
    for defendant: Kenneth W. Mauldin, District Attorney, and Leslie S. Jones, Assistant District Attorney, Athens, for appellee.
    Case Number: A10A1471

    The defendant's presence at the home being searched and his attempt to flee provided probable cause for the police detective to believe that he possessed or was a party to the possession of cocaine

  • Nelson v. State

    Publication Date: 2010-08-13
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Doyle, John J.
    Attorneys: For plaintiff: Angela B. Dillon, Norcross, for appellant.
    for defendant: Daniel J. Porter, District Attorney, and Carole Cox, Assistant District Attorney, Lawrenceville, for appellee.
    Case Number: A10A1380

    The evidence, including the defendant's presence in the small hotel room filled with drugs and drug paraphernalia, his possession of marked bills taken from a confidential informant and an undercove

  • Nicely v. State

    Publication Date: 2010-08-13
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Doyle, John J.
    Attorneys: For plaintiff: Nathanael A. Horsley, Dawsonville, for appellant.
    for defendant: Norman S. Gunter, District Attorney, and Cathy A. Cox-Brakefield, Assistant District Attorney, Blairsville, for appellee.
    Case Number: A10A1426

    Both the defendant's cocaine possession charge and traffic citation arose from a single transaction, both charges were within the superior court's jurisdiction and the district attorney was the pros

  • Wolf v. Middleton

    Publication Date: 2010-08-13
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Doyle, John J.
    Attorneys: For plaintiff: Stanley M. Lefco, Atlanta, for Wolf. M. Barton Rice Jr. Horne & Rice, Athens, for Middleton.
    for defendant:
    Case Number: A10A1020, A10A1021

    The buyers did not conduct survey and did not question the sellers about property lines, thus, they could not justifiably rely on any alleged misrepresentation from the sellers regarding those bound